JUDGEMENT

Order:- The seven petitioners are members of the second party in a proceeding under S. 107 of the Cri. P. C. before the City Magistrate of Cuttack and have been called upon to show cause why there should not be an order requiring each of them to execute a bond for rupees one thousand for keeping peace for a period of one year. This application under Ss. 401 and 482 of the Cri. P. C. has been made for quashing the said proceeding on the ground that there is absolutely no material for the satisfaction of the City Magistrate that the petitioners be proceeded against under S. 107 of the Code,

2. The learned Additional Government Advocate raised a preliminary objection that the impugned order is of interlocutory character and in view of the bar under sub-sec. (2) of S. 397 of the Code, the revision application is not maintainable under S. 401. Mr. Patnaik for the petitioners has taken the stand that the application is essentially one under S. 482 of the Code and mere mention of S. 401 may not be permitted to be relied upon for sustaining the preliminary objection. According to him, the application under S. 482 of the Code is maintainable notwithstanding S. 307(2) of the Code if